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Articles 1 - 7 of 7
Full-Text Articles in Law
Strategies For More Inclusive Municipal Participatory Governance And Implimenting Un-Habitat's New Urban Agenda: Improving Consultation And Participation In Urban Planning Decision-Making Processes Through Rapid Ethnographic Assessment Procedures, Sara Gwendolyn Ross
Articles, Book Chapters, & Popular Press
Based on the findings of an urban legal anthropology project in Toronto, Canada that tracked municipal decision-making practices in relation to development, redevelopment, and heritage preservation in the city and the often unforeseen and unacknowledged effects these can have on marginal, transgressive, and subaltern (subcultural) communities and their community cultural spaces and practices, this article will first turn to a few neighbourhood examples of public consultation processes underway in Toronto and observations of visual (vocal) resistance to faulty consultation practices. These examples reveal some of the realities of public consultation design in Toronto and how it is experienced on the …
Legal Ethics And The Political Activity Of Government Lawyers, Andrew Martin
Legal Ethics And The Political Activity Of Government Lawyers, Andrew Martin
Articles, Book Chapters, & Popular Press
The ability to engage in political activity is an essential feature of a democratic society. However, the ability of government lawyers to do so is unclear. While most governments have passed legislation identifying permissible political activity of their employees, it is unclear how the professional obligations of lawyers apply in this context and how these professional obligations interact with this legislation. This article answers these questions. The duty of loyalty to the client requires most government lawyers to refrain from all political activity at the same level of government. The special professional obligations of Crown prosecutors require these lawyers to …
Deepening The Relational Ecology Of Restorative Justice, Jennifer Llewellyn, Brenda Morrison
Deepening The Relational Ecology Of Restorative Justice, Jennifer Llewellyn, Brenda Morrison
Articles, Book Chapters, & Popular Press
It is our pleasure to introduce and frame this Special Issue of The International Journal of Restorative Justice. This Special Issue seeks to advance and expand thinking, research and practice of a restorative approach at the level of institutions and social systems, from families to workplaces. The articles and notes from the field included here were developed out of the 2016 International Conference in Halifax, Nova Scotia, that shared the title and focus of this issue. The conference was held to fulfil a commitment made by the parties involved in a restorative justice process at the Faculty of Dentistry, Dalhousie …
The Religious And Ideological Freedom Of Teachers In The English Legal Framework: Is The Balance Between Collective And Individual Rights Appropriate?, Javier Garcia Oliva, Diana Ginn
The Religious And Ideological Freedom Of Teachers In The English Legal Framework: Is The Balance Between Collective And Individual Rights Appropriate?, Javier Garcia Oliva, Diana Ginn
Articles, Book Chapters, & Popular Press
How does the current legal framework safeguard the rights of teachers to religious and ideological freedom, whilst at the same time protecting the collective rights of school communities to provide an educational context aligned to identified values and principles? How does the law seek to find a resolution or accommodation where there is a clear conflict?
More Than 'Revenge Porn' Civil Remedies For The Nonconsensual Distribution Of Intimate Images, Suzie Dunn, Alessia Petricone-Westwood
More Than 'Revenge Porn' Civil Remedies For The Nonconsensual Distribution Of Intimate Images, Suzie Dunn, Alessia Petricone-Westwood
Articles, Book Chapters, & Popular Press
The non-consensual distribution of intimate images, or “revenge porn” as it is colloquially known, is a growing phenomenon in the digital era that has devastated the lives of countless individuals. Targets of this conduct have suffered both short and long-lasting harms that have had serious repercussions on their mental health, physical well-being, and safety. Once their intimate images have been shared without their consent, they can face damage to their personal and professional reputations. There are reported cases where individuals have lost their jobs, have had to relocate, were stalked and harassed, experienced some form of emotional trauma, and had …
Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney
Can Cyber Harassment Laws Encourage Online Speech?, Jonathon Penney
Articles, Book Chapters, & Popular Press
Do laws criminalizing online harassment and cyberbullying "chill" online speech? Critics often argue that they do. However, this article discusses findings from a new empirical legal study that suggests, counter-intuitively, that while such legal interventions likely have some dampening effect, they may also facilitate and encourage more speech, expression, and sharing by those who are most often the targets of online harassment: women. Relevant findings on this point from this first-of-its-kind study are set out and discussed along with their implications.
Intellectual Property And Culture, Lucie Guibault
Intellectual Property And Culture, Lucie Guibault
Articles, Book Chapters, & Popular Press
This paper takes a critical look at the interaction between intellectual property law and culture using three examples, namely: 1) the need to preserve and disseminate culture, through the recognition of cultural heritage institutions' vital role in society; 2) the need to maintain culture from depreciation, through the safeguard of a strong public domain; and 3) the need to let culture evolve, through the protection of Traditional Cultural Expressions (TCE's). This brief study shows that, although IP rights can be said to afford useful protection to objects of culture – taken in the narrow sense of ‘culture’, they can also …